Cop caught with 4 pounds of marijuana at home won’t be charged

A California police officer already being investigated by the District Attorney’s office was discovered with four pounds of marijuana in his home, but he won’t be charged with possession. His future on the force, however, is uncertain.

K-9 police officer Joe Avila, a veteran with the Richmond Police
Department, has been on administrative leave since September
after an internal investigation found he failed to file more than
three dozen police reports.

One of those reports involved the seizure of four to five pounds
of marijuana. Instead of storing the pot in the department’s
evidence locker, Avila stored it in the trunk of his car and
home, and failed to file a police report about the seizure.

The Contra Costa County District Attorney’s Office, which has
been investigating the case, said it is not inclined to file
charges. The county’s chief public defender, Robin Lipetzky, told
The Contra Costa Times the evidence is not strong enough to
produce a conviction.

The incident happened on November 25, 2013, when Avila picked up
a box containing the marijuana from a UPS store. He radioed a
dispatcher to say he would file an incident report, but that
never happened and the marijuana never found its way into the
department evidence locker, a violation of police policy.

Instead, the marijuana ended up in his Oakley home. According to
police sources, officers are required to follow strict guidelines
about labeling, packaging and storing potential evidence. They
must also file a police report before the end of their shift
unless special circumstances dictate they don't.

When questioned about his missing incident reports, Avila told
investigators that he used two pounds of the marijuana to train
his police dog in February 2014. When pressed, he acknowledged
there may be more in the trunk of his K-9 patrol car or at his
house. During their search, police found marijuana in the home.

In California, pot advocates are hoping to place a legalization
initiative on the ballot in 2016, but the drug has yet to be
legalized for recreational use. Medical marijuana has been legal
in the state since 1996.